Illegal Extension

dhar50 profile photo

I am in the process of purchasing a house. On the current survey there is a extension however on the sanborn map the extension doesn,t exist. How do I find out if this is a legal extension or if its illegal.

Comments(4)

  • NancyChadwick15th September, 2004

    I'm not from NY but if you could explain what the "sanborn map" is and what you mean by an "extension," perhaps I could give you some suggestions.

  • dhar5015th September, 2004

    The extension is a room that extends out of the back of the house. The sanborn maps is a fire insurance that shows the foot print of the property.

  • NancyChadwick16th September, 2004

    Thanks for your clarification.

    So the extension was built onto the existing house prior to the time when the survey was done. It may be that the owner who had the extension built did not have the "sanborn map" modified to reflect the change in the property.

    Who issues and makes changes to the sanborn maps--you should contact whoever that is. I would also check with the municipality (Bldg Inspector or Code Enforcement) to see if the requisite permits were pulled when the extension was built.

    Last but not least, I would check the zoning ordinance to make sure that the extension (and the rest of the structure) is within the building envelope and doesn't encroach on the setbacks required by the zoning.

  • JohnMerchant16th September, 2004

    My immediate concern would be the fire insurance issue...for which I"d recommend you give your insurance agent * written (certified copy retained by you) notice of full size of your structure, so they can't later claim they didn't know about your building size and coverage.

    Your risk, of course is they might choose to cancel your FI, but you'd still be better off knowing up front.

    FI Co's can get very touchy about insuring a property where they have NOT got all facts, and you & I don't want to give them that opportunity...as they love to raise this defense against a claim.

    * Notice to a F& C agent is legally effective, whereas notice to Life & Health Agent is not...F&C agent has special legal relationship where he/she can bind coverage, etc., where L&H agent cannot do so.

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